PDR ORGANIZATION PRIVATE LIMITED Arbitration Rules

Chapter 1: General Provisions

Article 1

These Rules are formulated in order to independently, impartially, efficiently and economically resolve, by means of arbitration, disputes arising from economic and trade transactions of a contractual or non-contractual nature.

These Rules shall apply to the resolution of electronic commerce disputes and may also be applied to the resolution of other economic and trade disputes upon the agreement of the parties.

Article 2

Key terms in these Rules are defined as follows:
• "PDR ORGANIZATION PRIVATE LIMITED" refers to Arbitration Centre;
• " PDR ORGANIZATION PRIVATE LIMITED Arbitration Rules" refers to the current PDR ORGANIZATION PRIVATE LIMITED Arbitration Rules along with UNCITRAL Model Law on International Commercial Arbitration ;
• " PDR ORGANIZATION PRIVATE LIMITED Panel of Arbitrators" refers to the current PDR ORGANIZATION PRIVATE LIMITED’s Panel of Arbitrators;
• " PDR ORGANIZATION PRIVATE LIMITED Online Dispute Resolution Center" refers to a specialised online dispute resolution service provider established by PDR ORGANIZATION PRIVATE LIMITED ;
• "PDR ORGANIZATION PRIVATE LIMITED Online Dispute Resolution Center Website" refers to a specialised website developed by PDR ORGANIZATION PRIVATE LIMITED Online Dispute Resolution Center to resolve online disputes. The current website addresses of the PDR ORGANIZATION PRIVATE LIMITED Online Dispute Resolution Center are https://www.pvtcourt.com/www.privatecourt.in as the case may be.
• "Written Form" refers to information-carrying forms, such as contracts, correspondence and data messages (including telegrams, telexes, faxes, electronic data interchange and emails), which can tangibly exhibit their contents and may be accessed at any time for subsequent reference.
• "Electronic Evidence" refers to data messages that are generated, sent, received or stored by electronic, optical, magnetic, or other similar methods;
• "Electronic Signature" refers to data in electronic form, in or attached to a data message, used to identify a signer and to express his acknowledgment of the content of the data message;
• "Online Oral Hearing" refers to an oral hearing conducted on the Internet through video conferencing and other electronic or computer communication forms;
• "Online Mediation" refers to mediation conducted on the Internet through video conferencing and other electronic or computer communication forms.

Article 3

These Rules shall govern any disputes accepted by PDR ORGANIZATION PRIVATE LIMITED for arbitration where the parties have agreed to their application. In the absence of such an agreement, the PDR ORGANIZATION PRIVATE LIMITED Arbitration Rules or other rules agreed by the parties shall apply.

Article 4

Where the parties have agreed upon any modification of these Rules, the parties’ agreement shall prevail, except where such an agreement is inoperative or in conflict with a mandatory provision of the law of the place of arbitration.

Article 5

Where the parties agree to refer their dispute to arbitration under these Rules without providing the name of an arbitration institution, they shall be deemed to have agreed to refer the dispute for arbitration by PDR ORGANIZATION PRIVATE LIMITED.

Article 6

An "Arbitration Agreement" is either an arbitration clause incorporated in a contract agreed by and between the parties or any other form of a written agreement between the parties providing for the settlement of disputes by arbitration.

The arbitration agreement shall be in writing. An arbitration agreement is in writing if it is contained in a tangible form of a document, such as a contract, letter, telegram, telex, facsimile, electronic data interchange (EDI), or email.

Article 7

PDR ORGANIZATION PRIVATE LIMITED shall have the power to determine the existence and validity of an arbitration agreement and its jurisdiction over an arbitration case. PDR ORGANIZATION PRIVATE LIMITED may, if necessary, delegate such power to the arbitral tribunal.

The arbitration shall proceed regardless of an objection by either party to the validity of the arbitration agreement and/or jurisdiction over the arbitration case.

Article 8

Where the parties have agreed on the place of arbitration, their agreement shall prevail. In the absence of such an agreement, the place of arbitration shall be the location of PDR ORGANIZATION PRIVATE LIMITED. The arbitral award shall be deemed as being made at the place of arbitration.

Article 9

Unless otherwise agreed by the parties or determined by the arbitral tribunal, information submitted or transmitted by email, EDI or facsimile, whose record of submission or transmission can be provided, shall be deemed to satisfy the requirements in these Rules that notices, pleadings, documentation or any other communications shall be in writing.

Chapter 2: Communications

Article 10

All documents, notices and written materials related to the arbitration shall be sent by the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED to the parties and/or their authorised representatives by email, EDI, facsimile or any other similar means. Based on the procedure particulars of a case, the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED or the arbitral tribunal may also decide to send the documents to the parties, primarily or secondarily, by regular mail, express mail or any other appropriate means.

Parties shall submit their requests for arbitration, statements of defense, written statements, evidence and other documents and materials related to the arbitration by email, EDI or facsimile, etc. Based on the specific circumstances of the case, the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED or the arbitral tribunal may request, at its sole discretion, that the parties submit their documents through, either primarily or secondarily, regular mail, express mail or any other means. The parties may also submit their documents in this manner with the consent of the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED or the arbitral tribunal.

Article 11

Any document submitted or transmitted under these Rules shall conform to the following requirements:

1. Any document sent by the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED may be copied to the other party at the same time;
2. Neither party nor anyone acting on its behalf may have any unilateral communication with any member of the arbitral tribunal. All communications between a party and the arbitral tribunal shall be conducted through the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED;
3. It shall be the responsibility of the sender of a document to retain records of the fact and circumstances of the sending, which shall be made available for inspection by the related parties and reporting purposes;
4. In the event that a party sending a document is notified of the non-delivery of the document or believes it has not delivered the document successfully, the party shall promptly notify the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED of the circumstances of the notification. Further proceedings concerning the communication and any response shall be directed by the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED;
5. Any party that changes its specified means of communication, addresses or any other contact details shall promptly notify the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED.

Article 12

Any written communication to the Claimant or the Respondent under these Rules shall be made in the way specified by the concerned party. Where the Claimant or Respondent has not made such specification, the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED may select one or several of the methods of transmission listed below based on the specific circumstances of the case:

1. Electronically via the Internet, provided a record of transmission is available;
2. By facsimile, with a confirmation of transmission;
3. By postal or courier service with available tracer;
4. By other effective methods.

Article 13

Unless otherwise agreed by the parties or decided by the arbitral tribunal, all communications under these Rules shall be deemed to have been received by the receiver under the following circumstances:

1. If via the Internet: at the time that the data message entered the specific system designated by the receiver or at the first time that the data message entered any system of the receiver when there is no such specification
2. If by facsimile: on the date shown on the confirmation of transmission
3. If by postal or courier service: on the date marked on the tracer
4. If by other effective methods: on the date, the message was actually received or should have been received by the receiver according to the method

Article 14

Except as otherwise provided in these Rules, the time periods stipulated in these Rules shall begin to run on the earliest date that the communication is deemed to have been received as defined in the previous article.

Article 15

PDR ORGANIZATION PRIVATE LIMITED shall make reasonable efforts to ensure secure online transmission of case data among the parties, the arbitral tribunal and PDR ORGANIZATION PRIVATE LIMITED, and to store case information through data encryption.

Article 16

PDR ORGANIZATION PRIVATE LIMITED shall not be liable for loss where data transmitted online is acquired by persons other than the intended receiver due to Internet system failure during the arbitral proceedings. The Parties hereby exclude PDR ORGANIZATION PRIVATE LIMITED, its employees, its management, arbitrator, its agent, and any other person associated with PDR ORGANIZATION PRIVATE LIMITED against any loss, damages, liability arising from any act, action, function, duties, responsibilities or noncompliance thereof by PDR ORGANIZATION PRIVATE LIMITED, its employees, its management, arbitrator, its agent and any other person associated with PDR ORGANIZATION PRIVATE LIMITED.

Article 16A

Confidentiality

The parties acknowledge that the entire arbitration proceedings shall remain confidential, and hence, the parties agree not to disclose the same before any third party except its counsel/advocate.

Article 16B

Waiver

The parties agree to waive off their rights to challenge these rules during the arbitration proceedings for the reason that they were unaware of these rules.

Chapter 3 Arbitral Proceedings

Section 1 : Request for Arbitration, Defence and Counterclaim

Article 17

The arbitral proceedings shall commence on the date on which the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED receives a Request for Arbitration.

Article 18

A party applying for arbitration shall meet the following requirements:
• Submit a written Request for Arbitration signed by and/or affixed with the seal of the Claimant and/or his authorised representative(s), which shall include:
  1. The names, addresses and methods of communication of the Claimant and the Respondent, including their zip codes, telephone numbers, fax numbers, email addresses and any other means of electronic communication;
  2. The designated method of communication of the Claimant;
  3. A reference to the arbitration agreement invoked;
  4. The claim;
  5. A statement of the facts of the case and the main issues in dispute;
  6. The facts and grounds on which the claim is based.
• Attach to the Request for Arbitration the relevant evidence supporting the facts on which the Claimant’s claim is based.
• Make a payment of the arbitration fee in advance to PDR ORGANIZATION PRIVATE LIMITED according to its "Arbitration Fee Schedule of Online Arbitration Cases".

Article 19

Where the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED finds that a Request for Arbitration satisfies the requirements for arbitration, it shall notify the parties in writing of its acceptance of the Request within five (5) days from the date of receipt of the Request. If the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED finds that the Request for Arbitration does not satisfy the requirements for arbitration, it shall notify the parties in writing of its rejection of the Request with the reasons stated.

Article 20

When the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED sends to the Claimant the Notice of Arbitration indicating its acceptance of the Request for Arbitration, it shall also provide the Claimant with the Internet address of the websites where the Claimant can consult these Rules, the PDR ORGANIZATION PRIVATE LIMITED Arbitration Rules and the PDR ORGANIZATION PRIVATE LIMITED Panel of Arbitrators. According to the specific circumstances of each case, the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED may also attach copies of the above documents to the Notice of Arbitration.

When the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED sends to the Respondent the Notice of Arbitration indicating its acceptance of the Request for Arbitration, it shall also provide the Respondent with the Internet address of the websites where the Respondent can consult the Claimant’s Request for Arbitration, these Rules, the PDR ORGANIZATION PRIVATE LIMITED Arbitration Rules and the PDR ORGANIZATION PRIVATE LIMITED Panel of Arbitrators. According to the specific circumstances of each case, the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED may also attach copies of the above documents to the Notice of Arbitration.

Article 21

Unless otherwise agreed by the parties, the Respondent shall submit its written Statement of Defence and the relevant evidence to the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED within thirty (30) days from the date of receipt of the Notice of Arbitration. The Statement of Defence shall be signed by and/or affixed with the seal of the Respondent and/or his authorised representative(s), and shall include:

1. The names, addresses and methods of communication of the Respondent, including the zip code, telephone numbers, fax numbers, email addresses or any other means of electronic communication;
2. The designated methods of communication of the Respondent;
3. The defence to the Request for Arbitration setting forth the facts and grounds on which the defence is based; and
4. The relevant evidence supporting the defence.

Unless otherwise agreed by the parties, if the Respondent wishes to file a Counterclaim, it must do so in writing within the above-mentioned time period and be released on the PDR ORGANIZATION PRIVATE LIMITED Online Dispute Resolution Center website.

Article 22

Unless otherwise agreed by the parties, the Claimant shall submit its written Statement of Defence to the Respondent’s Counterclaim with the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED within twenty (20) days from the date of receipt of the Respondent’s Statement of Counterclaim, set up by PDR ORGANIZATION PRIVATE LIMITED and released on the PDR ORGANIZATION PRIVATE LIMITED Online Dispute Resolution Center website.

Article 23

The time periods specified in Articles 21 and 22 may be extended if the arbitral tribunal believes that there exist justifiable reasons.

Article 23A

Unless otherwise agreed by the parties in writing, the language of Arbitration proceedings shall be English.

Article 23B

Interim Reliefs:

1. Either Party may apply for interim relief before the Hon’ble Tribunal by filing an application under section 17 of the Arbitration and Conciliation Act, 1996.
2. The arbitral tribunal shall have the same power for making orders, as the court has for the purpose of, and in relation to, any proceedings before it.
3. Subject to any orders passed in an appeal under section 37, any order issued by the arbitral tribunal under this section shall be deemed to be an order of the Court for all purposes and shall be enforceable under the Code of Civil Procedure, 1908 (5 of 1908), in the same manner as if it were an order of the Court.

Article 23C

Ex-parte Arbitration:

If without assigning any reason in writing, either party fails to appear before the Arbitration tribunal and/or fails to file the Statement of Claim / Defence even after receiving three notices from Arbitration Tribunal, the matter can proceed ex-parte at the discretion of the Arbitrator/s.

Article 23D

Correction and interpretation of award; additional award.—
• Within thirty days from the receipt of the arbitral award, unless another period of time has been agreed upon by the parties—
  1. a party, with notice to the other party, may request the arbitral tribunal to correct any computation errors, any clerical or typographical errors, or any other errors of a similar nature occurring in the award;
  2. if so agreed by the parties, a party, with notice to the other party, may request the arbitral tribunal to give an interpretation of a specific point or part of the award.
• If the arbitral tribunal considers the request made under sub-section (1) to be justified, it shall make the correction or give the interpretation within thirty days from the receipt of the request, and the interpretation shall form part of the arbitral award.
• The arbitral tribunal may correct any error of the type referred to in clause (a) of sub-section (1), on its own initiative, within thirty days from the date of the arbitral award.
• Unless otherwise agreed by the parties, a party with notice to the other party, may request, within thirty days from the receipt of the arbitral award, the arbitral tribunal to make an additional arbitral award as to claims presented in the arbitral proceedings but omitted from the arbitral award.
• If the arbitral tribunal considers the request made under sub-section (4) to be justified, it shall make the additional arbitral award within sixty days from the receipt of such request.
• The arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction, give an interpretation or make an additional arbitral award under sub-section (2) or sub-section
• The Arbitrator may impose additional fees for such as it deems necessary.

Section 2: The Arbitral Tribunal

Article 24

The arbitral tribunal shall be composed of either one or three arbitrators.

Unless otherwise agreed by the parties or stipulated by these Rules, the arbitral tribunal shall be composed of sole arbitrators.

Article 25

The parties shall appoint arbitrators from the Panel of Arbitrators provided by PDR ORGANIZATION PRIVATE LIMITED.

Where the parties have agreed to appoint an arbitrator from outside of PDR ORGANIZATION PRIVATE LIMITED Panel of Arbitrators, the arbitrator so appointed by the parties or nominated according to the agreement of the parties may act as arbitrator after the appointment has been confirmed by the Chairman of PDR ORGANIZATION PRIVATE LIMITED in accordance with the law. PDR ORGANIZATION PRIVATE LIMITED is not required to make an explanation on the confirmation or rejection of an arbitrator appointed or nominated in such a manner.

Where the appointment of an arbitrator is to be made by the Chairman of PDR ORGANIZATION PRIVATE LIMITED, unless the parties agree otherwise, the Chairman shall appoint an arbitrator from PDR ORGANIZATION PRIVATE LIMITED Panel of Arbitrators.

Article 26

An arbitrator appointed by the parties or by the Chairman of PDR ORGANIZATION PRIVATE LIMITED shall sign a Declaration disclosing to PDR ORGANIZATION PRIVATE LIMITED any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence.

Article 27

Unless otherwise agreed by the parties, where the arbitral tribunal is composed of one arbitrator, the Claimant and the Respondent shall, within six (6) days from the date of receipt of the Notice of Arbitration by the party who last receives it, jointly appoint a sole arbitrator or entrust the Chairman of PDR ORGANIZATION PRIVATE LIMITED to make such an appointment.

Unless otherwise agreed by the parties, where the arbitral tribunal is composed of three arbitrators, the Claimant and the Respondent shall, within six (6) days from the date of receipt of the Notice of Arbitration, each appoint an arbitrator or entrust the Chairman of PDR ORGANIZATION PRIVATE LIMITED to make such an appointment, and within six (6) days from the date of receipt of the Notice of Arbitration by the party who last receives it, jointly appoint a third arbitrator, or alternatively, jointly entrust the Chairman of PDR ORGANIZATION PRIVATE LIMITED to make such an appointment. The third arbitrator shall be the presiding arbitrator.

Where there are two or more Claimants and/or Respondents in an arbitration case, the Claimant’s side and the Respondent’s side shall each, through consultation, jointly appoint an arbitrator, or alternatively, jointly entrust the Chairman of PDR ORGANIZATION PRIVATE LIMITED to make such an appointment within the time limit stated above.

Unless otherwise agreed by the parties, where a party fails to appoint an arbitrator or fails to entrust the Chairman of PDR ORGANIZATION PRIVATE LIMITED to make such an appointment within the specified time period, the sole arbitrator shall be appointed by the Chairman of PDR ORGANIZATION PRIVATE LIMITED.

With the consent of the President of the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED, the time period specified in this article may be extended.

Section 3: Hearing

Article 28

Unless otherwise agreed by the parties, and on the condition that it abides by these Rules, the arbitral tribunal may conduct the arbitration in any way that it deems appropriate. Under any circumstances, the arbitral tribunal shall treat the parties equally and afford each party a reasonable opportunity to present its case.

According to the specific circumstances of each case, the arbitral tribunal may adopt approaches including issuing procedural orders and lists of questions and producing terms of reference, among other measures, in order to increase the speed and efficiency of arbitration proceedings.

The arbitral tribunal shall determine the admissibility, relevance, materiality and weight of evidence.

Article 29

The evidence submitted by the parties may be electronic evidence that is generated, sent, received or stored by electronic, optical, magnetic or other similar means.

The following factors shall be taken into consideration when the authenticity of electronic evidence is examined:
1. The reliability of the methods used to generate, store or transmit the data message;
2. The reliability of the methods used to maintain the integrity of the contents of the data message;
3. The reliability of the methods used to identify the sender of the data message;
4. Other relevant factors.

Electronic evidence with a reliable electronic signature shall have the same admissibility and weight as evidence with a handwritten signature or affixed seal.

Article 30

Where a time period for producing evidence has been agreed upon by the parties or has been set by the arbitral tribunal, the parties shall submit their evidence to the arbitral tribunal within the specified time period.

Unless otherwise agreed by the parties or decided by the arbitral tribunal, the arbitral tribunal may refuse to admit any written statement or evidence submitted by any party after the expiration of the time period for producing evidence. The arbitral tribunal may, at its sole discretion, request that the parties submit additional statements or documents related to the case.

Article 31

The arbitral tribunal may, if necessary, investigate facts and collect evidence related to the case from e-commerce service providers, logistics distribution companies and payment banks, etc. The arbitral tribunal may make requests of the parties at its sole discretion, and the parties are obligated to cooperate actively and positively with the tribunal.

The arbitral tribunal shall, through the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED, transmit the evidence collected by itself to the parties and afford them an opportunity to comment.

Article 32

Unless the parties agree to hold oral hearings or the arbitral tribunal decides it is necessary to do so, the arbitral tribunal shall hear the case on a documents-only basis in accordance with the written materials and evidence submitted by the parties.

Article 33

Where an oral hearing is to be held, it shall be conducted by means of online oral hearings such as video conferencing or other electronic or computer communication forms. The arbitral tribunal may also decide to hold traditional oral hearings in person based on the specific circumstances of each case.

Article 34

Where an oral hearing is to be held, the arbitral tribunal shall fix the date, time, place (if applicable) and manner of the hearing. The Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED shall serve a Notice of Oral Hearing on each party at least twelve (12) days in advance of the date of the oral hearing. A party with justifiable reasons may request a postponement of the oral hearing. However, such a request must be communicated to the arbitral tribunal in writing at least five (5) days in advance of the date of the oral hearing. The arbitral tribunal shall decide whether to postpone the oral hearing or not.

A Notice of Oral Hearing subsequent to the first oral hearing and a Notice of a Postponed Oral Hearing are not subject to the twelve (12)-day time limit provided for in the previous paragraph.

Article 34A

Deposits:

The Arbitrator may demand the parties to make deposits to the Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED for such a reasonable amount as it deems fit.

Arbitration Court of PDR ORGANIZATION PRIVATE LIMITED shall have the right to forfeit the deposit against any administrative fees/expenses.

In case of non-compliance with the deposit payment, the Arbitrator shall be empowered to terminate the arbitration proceedings by giving 10 days’ notice to the parties in writing.

Article 34D

Assistance:

At the request of the Arbitrator or parties to the Arbitration, the Registrar of PDR ORGANIZATION PRIVATE LIMITED shall provide its assistance for conducting arbitration proceedings, including booking premises (in case of physical arbitration) etc.

The party making such a request shall also be liable to borne the expenses incurred during such assistance.

Article 35

Where an oral hearing is to be held, the evidence shall be exhibited at the hearing and examined by the parties. With regard to the evidence that has already been exchanged between the parties and no objections have been raised before the oral hearing, the arbitral tribunal may simplify the examination proceedings if the parties so agree. Such a decision shall be recorded duly in the case file.

In the event that evidence is submitted after the oral hearing, and the arbitral tribunal decides to admit the evidence without holding further oral hearings, the arbitral tribunal may require the parties to provide written examination opinions on the submitted evidence within a specified time period.

Article 36

Where an oral hearing is to be held, the witnesses may testify by online video conferencing, by regular oral hearing in person or by any other appropriate manner as decided by the arbitral tribunal.

Section 4 Arbitral Award

Article 37

Unless otherwise agreed by the parties, the arbitral tribunal shall render an arbitral award within four (4) months from the date on which the arbitral tribunal is formed.

Upon the request of the arbitral tribunal, the Chairman of PDR ORGANIZATION PRIVATE LIMITED may extend the above time period if he or she considers it truly necessary and the reasons for the extension truly justified.

Article 38

The parties agreeing to or signing PDR ORGANIZATION PRIVATE LIMITED’s arbitration clause/agreement shall wave off their rights to approach the judicial authority for any interim measures or evidence taking under Section(s) 9 or 27 of the Arbitration and Conciliation Act, 1996.

Article 39

The award shall be made in written form, shall state the date on which the award is made as well as the place where the award is made and shall be signed by the arbitrators, with the official seal of PDR ORGANIZATION PRIVATE LIMITED affixed to it.

The proceedings shall stand terminated after the award is served on both parties.

The mandate of the arbitrator shall also stand terminated after the termination of arbitration proceedings.

Article 40

The arbitral tribunal shall submit a draft award to PDR ORGANIZATION PRIVATE LIMITED for its scrutiny before signing the award. PDR ORGANIZATION PRIVATE LIMITED may bring an issue or issues in the award to the tribunal’s attention on the condition that the arbitral tribunal’s independence in rendering the award remains unaffected.

Article 41

Enforcement:

The Award holder shall have the power to enforce the award against the award debtor.

The timeline for filing the execution application shall be 90 days from the date of the award.

The CPC, 1908, and the Arbitration and Conciliation Act, 1996, shall be followed for the enforcement of the arbitration award.

The Party filing for execution shall provide the details of the same in writing to PDR ORGANIZATION PRIVATE LIMITED.

Article 42

PDR ORGANIZATION PRIVATE LIMITED is responsible and authorised for interpreting and amending these Rules.